82 FR 29140 - The Indiana Rail Road Company-Discontinuance of Trackage Rights Exemption-in Lawrence, Orange, Washington, Clark and Floyd Counties, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 122 (June 27, 2017)

[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Page 29140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13422]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 295 (Sub-No. 9X)]


The Indiana Rail Road Company--Discontinuance of Trackage Rights 
Exemption--in Lawrence, Orange, Washington, Clark and Floyd Counties, 
Ind.

    The Indiana Rail Road Company (INRD) \1\ has filed a verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue 
approximately 71.9 miles of overhead trackage rights over a line of 
railroad (the Bedford-New Albany line) owned by CSXT, between milepost 
Q-245.8 in Bedford and milepost Q-317.7 in New Albany, in Lawrence, 
Orange, Washington, Clark and Floyd Counties, Ind. (the Bedford 
trackage rights),\2\ pursuant to a letter agreement dated February 24, 
2017, between INRD and CSXT. The Bedford trackage rights traverse 
United States Postal Service Zip Codes 47421, 47446, 47452, 47108, 
47167, 47165, 47106, 47143, 47172 and 47150.
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    \1\ INRD is indirectly controlled by the CSX Transportation, 
Inc. (CSXT), but operates as an independent Class II rail carrier. 
See CSX Corp. & CSX Transp.--Control--Ind. R.R., FD 32892 (STB 
served Nov. 7, 1996).
    \2\ The Board approved INRD's acquisition of the trackage rights 
in Ind. R.R.--Acquis.--Soo Line R.R., FD 34783 (STB served Apr. 11, 
2006). In 2010, INRD abandoned its connecting line west of Bedford. 
See Ind. R.R.--Aban. Exemption--in Martin & Lawrence Ctys., AB 295 
(Sub-No. 7) (STB served Mar. 26, 2010). According to INRD, the 
Bedford trackage rights have not been used since that time and are 
isolated from the main part of INRD's rail system. At the time of 
INRD's abandonment, CSXT obtained authority to discontinue service 
over most of the Bedford-New Albany line. See CXS Transp.--
Discontinuance of Serv. Exemption--in Clark, Floyd, Orange & 
Washington Ctys., Ind., AB 55 (Sub-No. 698X) (STB served Apr. 7, 
2010). CSXT had previously obtained discontinuance and abandonment 
authority for the northern 6.7 miles of the Bedford-New Albany line 
nearest Bedford with the effectiveness as to abandonment subject to 
Soo's (now INRD's) discontinuing its trackage rights. See CSX 
Transp.--Aban. & Discontinuance Exemption--in Lawrence Cty., Ind., 
AB 55 (Sub-No. 495X) (ICC served Jan. 27, 1995).
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    INRD has certified that (1) no local traffic has moved over the 
Bedford trackage for at least two years; (2) any overhead traffic can 
be and has been rerouted over other lines; (3) no formal complaint 
filed by a user of rail service on the Bedford trackage (or by a state 
or local government entity acting on behalf of such user) regarding 
cessation of service on the Bedford trackage is pending either with the 
Board or with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, this exemption will be effective on July 27, 2017, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \3\ must be 
filed by July 7, 2017.\4\ Petitions to reopen must be filed by July 14, 
2017, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,700. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinue proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be an 
environmental review during any further abandonment of the Bedford-
New Albany line, this discontinuance does not require an 
environmental review.
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    A copy of any petition filed with the Board should be sent to 
INRD's representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: June 22, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-13422 Filed 6-26-17; 8:45 am]
 BILLING CODE 4915-01-P